Show tiler FLAGRANT JUDICIAL I 1 OUTRAGE PUAL GRAND JURORS DIS I 1 tinged BECAUSE THEY WILL NOT D A NUMBER OP OF indictments I 1 ast CERTAIN PERSONS FOR ONE resse risse 1 J grand jury came into court at today to day and presented one indict under the laws of the united 3 1 mckay then arose and stated there ere was a matter he wished to tto ito to the attention of the court 1 had bad been discussed informally otherwise ither wise in the grand jury lury room list one member of the grand jury td led the right to say whether he id d and find an indictment or not when be the same time he admitted ri dence sufficient to warrant it im ing that it would be a usurpation part of the grand jury to find an ament ent under certain circum s notwithstanding the evidence S anted led eed it mr mckay then stated election was in relation reia reid tion to findig finding i ithan than one indictment for unlawful station in a certain period the r referred to said he would do no i thing thiu thin in spite of being reminded his oath required it under the in jrr actions Sit ioas ions of the court under the distances Os mr air mckay thought the incompetent u al court asked for his name and was named as the juror I 1 clayton said yes he was the 1 land nd desired to correct mr air mci 3 one aone particular that he had to indict where the evis Sivar warranted ranted that he had voted in that case mckay stated that the point he I 1 was ivas that the juror refused to more than one indictment the ahe assumed to say sax say whether the law correctly laid down by the a or not it was not dis ii that the grand juror right aright to say whether the evidence sufficient or not but the grand claimed that even where the evi evl i j was sufficient the finding of than ithan one indictment was ancon donal donai that the law of 1862 fixed maximum punishment unish ment for poleg roly land and the edmunds law s showed be e the intention of congress to fix punishment for unlawful bi tation citation it which he termed the br tor offense at six montas mouths imminent and lineard tine line and to find two tore lore indictments a against ainest a man ight be punished to even a greater it than for polygamy 1 mckay 1 c K ay stated further that there i mother th er juror he asked to have I 1 off for substantially the same ms ins mr air jacob moritz and he unformed that there were others I 1 davis stated that in certain I 1 1 he had the same opinion as mr air tz cla cia clayton ton tou was interrogated by the t and said sald he believed it was un to find more than one ament the constitution provides excessive fines or unusual pun punish ish a shail shall not be imposed ile he said I 1 vote for indictment where the nce uee nee warranted it but to go back ind an in indictment for every day ery minute or week he would not t the evidence ed the defendant had been living cohabitation for three ibe i be would find butone but one indict 4 ile he aad had advised with no one 4 with no one except perhaps his d moritz and mr davis thought where parties had been indicted I 1 and convicted those parti parties eli efi it to have a chance after chev came then if they live within the the toey were ready to indict them ie co interrogated each of other j jurors acors as to whether he took sam lam lame e poil position tion but they all re klad kiad in the negative feirt mr moritz mr davis bavis and clayton fam lam am surprised gentle 4 that after atter you took tile lile oath you that wilt you would investigate and 5 into all tho ano matters matten that were brought before you and whenever the evi evl evidence dince was sufficient you would tind find the truth and nothing but but the truth that you fou woula not bo be influenced by fear favor or affection or by any reward or promise or hope thereof but in all your presentments you ou would present the truth the whole truth and nothing buethe bud but the truth thal that you will state you will not do it Clay clayton toti I 1 have stated that I 1 would and did so court the effect of your youn statement is to that effect clayton 1 I dont understand it that way court llen lien men must be careful when they take oaths moritz we had no evidence we take a vote on it court but you have no right to state you would not do it you cannot trifle with your consciences like that la in this court it Is astonishing that men have not more regard for their oaths than that where the elic evidence is sufficient you have no discretion whatever if it it is sufficient clent to indict you must indict dict if it ihnot is not sufficient you cannot indict you have no more discretion than this court has when a case is submitted to it if the evidence is one olie way the court under its oath cannot find another if a case is submitted to i the court if the evidence is with the plaintiff it cannot find tind the facts the other way so with a grand jury vou you have not the slightest dis discretion creton you must move directly according to your baths and find the truth according to the evidence you have no right t say 2 y you will not indict though the evidence may be sufficient lelent you have no right to say a law is un unconstitutional or wrong after the court charges you that it is the law it is the duly duty of the court to charge you what the law is with respect to your duties as grand jurors and aud oas nas so charged you gentlemen you are excused excuse das ms unworthy to sit on a grand aarand jury next time you come before the court and are questioned as you were in this case as members of the grand if lury jury ury answer frankly and honestly and if you go on the grand jury you must be governed by your oaths mr air moritz mr air davis and mr clayton you u may retire you are discharged from this h ls grand jury this afternoon mr air mckay made an argument in support of the proposition that the court had po power ver yer to fill the vacant places in the grand jury lie ile read from the decision of the supreme court in the clawson case affirming the legality of the open venire ventre process in obtaining a petit jury and contended that it was within the power of the court to adopt the open venire course in the present instance at the close of his remarks mr mckay moved that an open venire issue aad and the court ordered that it be for six names and be returnable forthwith this proceeding was followed as the names on the jury list were exhausted the next grand jury for the december term will in all probability r as a consequence be made up en entirely by the open cen ven venire re pr process odess there will be no question as to the crusaders obtaining a body of inquisitors inqui to their liking in every report upon the return of the open ventre venire I 1 J S scott 1 T clasbey and A gebbardt gebhardt were selected to fill up the grand jury which it ii is now anticipated will be better adapted for the purposes of persecution FROM SATURDAYS Y S DAILY OCT 10 another fire at tooele thoele ourvor respondent qt sij J D 11 informs us that another fire occurred at tooele thoele on the night of the esth which consumed the barn of brother joseph aie Ale mecham cham together with seven seen tons of at lucern a bugl bugay y and other things A cow which was in the building anen the fire commenced had a narrow escape and was released with some difficulty the cause of the fire is unknown but it is conjectured that the stump of a cigarette thrown away by some passing sr smoker hoker must have been carrie carried d by the wind to the barn and ignited the hay beaver court the fo following lowin c comes omes to us as aa a special per deseret telegraph line BEAVER beaven utah oct 10 1885 1883 editor deseret jmems the trial jury has been discharged the cases all having been disposed of the business of the term is about finished A motion for a new trial in the case of geo buchanan convicted of an attempt to commit rape on a girl giri ten year old was argued today to day tiie the court overruled the motion but on account of the old dle ae of the defendant gave him a light sentence five years in the penitentiary F shiner convicted of an au assault upon a little girl ribas lihas has been sentenced to three months f in the county jail 1911 motions for new trials in the cases of J nelson for grand larceny and orrick for murder in the first degree will be argued this afternoon if it the motions are overruled they will be sentenced tonight to night substantial sympathy A correspondent pon dent writing writing from mantl manti under no date te of aoth uit says some two week s ago the brethren working on the temple subscribed upwards of wa for the benefit of the families of brothers kempe kompe and chris to pherson sentenced to terms of imprisonment in the detroit house of corr correction by unjust united states officials elais nials 6 no hgo doubt there are many macy families who under present need assistance and if that passage of scriptures scripture go MOU thou and aua do likewise were carried out a great many would be relieved and as tc the winter is al approaching pro aching such help would be voy very much appreciated As brethren we wp are bound by the covenants of the gospel of jesus christ to hev hel help herp lp each other and if we possess its true spirit we will as a people take pleasure indo in doing in so I 1 I 1 ha have ve just learned by the news of yesterday of the course of bishop clawson before the court and feel elated over it and more than correspondingly pond poud pon pou v humbled at the cringing crin gins course d of f others my feelings at present resent are let us be valiant vallant la in the defense defense of what we know to be right before god and let the opinions of men go borwhat they are worth we have no concessions to make the business will not pay either in time or our tripods wish us to cease doing wrong I 1 for one onu would make a promise I 1 10 0 do so as readily as possible but when they wish us to violate sacred and holy covenants and have our wives branded as adul tresses and our children as bastards it is asking more than honorable manhood can do leaving out altogether the intelligence telli gence and light which the gospel has brought to those who have received it |